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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO
Santanu Kaudi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case and charges. (Para 1 , 2 , 3) |
| 2. evidence presented by prosecution and court's findings. (Para 4 , 5) |
| 3. arguments regarding victim's consent and age. (Para 6 , 8) |
| 4. court's analysis on consent and charges. (Para 7 , 9) |
| 5. final conclusion regarding acquittal. (Para 10 , 11) |
JUDGMENT :
1. The appellant Santanu Kaudi was initially charged on 14.05.2014 for commission of offences under sections 376(i)/506 of the Indian Penal Code (hereinafter, ‘I.P.C.’), section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter ‘1989 Act’) and section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO Act’) by the learned Sessions Judge-cum-Special Judge, Sundargarh in Special G.R. Case No.15 of 2013. In the midst of trial, the case was transferred to the Court of Additional Sessions Judge -cum- Sessions Judge, Sundargarh where the trial proceeded. After examination of the prosecution witnesses and also recording of the accused statement, charge was re-framed under sections 376(2)(n)/506 of the I.P.C., section 3(2)(v) of 1989 Act and section 6 of the POCSO Act.
2. The father of t
Prosecution must prove age in POCSO cases; failure to establish victim's age led to acquittal, highlighting valid consent under misconception as key in sexual assault cases.
Conviction for rape under POCSO and IPC confirmed, victim's credible testimony and corroborating evidence outweighing defense arguments.
The conviction of a minor for kidnapping and repetitive rape is upheld when credible evidence establishes the victim's minority and the accused's actions contravene statutory provisions regarding chi....
Crime against women and Children - Penetrative sexual Assault - Conviction upheld - Offence of 'penetrative sexual assault' as defined under S. 3(b) of POCSO Act would be satisfied, if a person inser....
The court ruled that in the absence of evidence proving the victim's age under eighteen and her voluntary conduct with the accused, charges of kidnapping and rape were unproven.
The court found that the absence of resistance and evidence indicated the victim consented to the sexual act, leading to the dismissal of the rape charge against the appellant.
In view of the special provision under section 42 of the POCSO Act, the Court can prosecute and convict the appellant both under section 376(2)(i) of the Indian Penal Code as well as under section 6 ....
It is quite unsafe to rely on admission register of subsequent school or S.L.C. to determine accurate age of victim of sexual assault.
The importance of proving the victim's age and the need for corroboration of the victim's testimony in cases of sexual offences.
(1) Consensual sexual intercourse is not rape.(2) Rape – Two finger test in private part of victim is not permissible under law.
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